2019 (10) TMI 1378 - AT - Income Tax

Rejection of books of accounts - As argued assessee has maintained complete books of accounts and AO and DRP both have erred in rejecting the books of accounts of the assessee and thereby assessing the income under section 44BB of the Act at the rate of 10% of gross receipts by deeming the income of the assessee - HELD THAT - The assessee is primarily service company and not a manufacturing / trading company and there is a limited requirement with respect to stores and spare parts of rig at any given point of time, which are relatively insignificant in value. In such circumstances, the AO has to prove that the books of accounts are incomplete or incorrect and the basis for the same - both the authorities below i.e. AO and DRP have erred in rejecting the books of accounts without considering the books of accounts and other documentary evidences as noted above by us in this order. The complete details were available before the AO and AO should have examined the same on the basis of books of accounts and supporting bills and vouchers and on that basis assessment should have been framed. Since, many of the evidences were filed by the assessee as additional evidences before DRP (no doubt these were referred to AO for verification and remand report which eventually was given by the AO), which have not been gone into as demonstrated by the assessee before us now. Hence, we set aside the very first issue of rejection of books of accounts to the file of the AO, who will go into the books of accounts afresh and will compute the income on the basis of books of accounts as per law. No doubt, the books of accounts do not confirm to the provisions of section 145 of the Act, the AO can reject the books of accounts. But the AO has to give finding and to consider whether or not the books disclose the true state of accounts and the correct income can be reduced there from. For this, the AO has to give a categorical finding in this regard. Hence, this issue of the assessee s appeal is remanded back to the file of the AO for fresh adjudication. The orders of the lower authorities are set aside and the appeal of the assessee is allowed for statistical purposes.

Summary

Issues Involved:

1. Rejection of books of accounts.
2. Assessment of income under section 44BB of the Income-tax Act, 1961.
3. Non-admission of additional evidence filed before the DRP.

Detailed Analysis:

1. Rejection of Books of Accounts:

The assessee's books of accounts were rejected by the AO, which was upheld by the DRP. The AO cited various defects, including discrepancies in the opening WDV, inconsistencies in the audited financials, and the non-maintenance of continuous books of accounts. The AO also noted that the assessee had switched between maintaining books and offering income on a presumptive basis under section 44BB in different years. Specific defects included unsupported opening WDV, differences in capital work in progress and fixed assets, and the absence of a reliable valuation report for the rig. The AO concluded that the books were unreliable, incomplete, and inaccurate, leading to their rejection. The Tribunal noted that the assessee had provided extensive documentation and explanations, including audited financial statements and additional evidence, which the AO did not adequately consider. The Tribunal found that the AO should have examined the books and supporting documents in detail before rejecting them. The Tribunal remanded the issue back to the AO for fresh adjudication, directing a thorough examination of the books and supporting evidence.

2. Assessment of Income under Section 44BB:

The AO assessed the income under section 44BB at 10% of gross receipts, rejecting the assessee's claim of a business loss. The assessee argued that it had incurred significant repair expenses, leading to an overall business loss, and opted for net basis taxation under section 44BB(3). The Tribunal observed that the AO and DRP had not properly considered the detailed documentation and explanations provided by the assessee. The Tribunal quashed the assessment based on the deeming provisions of section 44BB and directed the AO to reassess the income after a fresh examination of the books of accounts.

3. Non-admission of Additional Evidence Filed Before the DRP:

The assessee submitted additional evidence before the DRP, which was forwarded to the AO for verification. The AO provided a remand report but did not adequately consider the additional evidence. The Tribunal noted that the additional evidence was material and relevant for deciding the correctness of the books of accounts. The Tribunal directed the AO to consider the additional evidence while reassessing the books of accounts.

Conclusion:

The Tribunal allowed the appeals for statistical purposes, setting aside the orders of the lower authorities. The AO was directed to re-examine the books of accounts and reassess the income based on the detailed documentation and additional evidence provided by the assessee. The Tribunal emphasized the need for a thorough and fair examination of the books and supporting documents before rejecting them.